AVES ISLAND. 65 



XIX. MISTAKE OR ERROR VITIATES CONTRACTS, ETC., IF MATERIAL. 



If the ''agreement" is not void on the ground of fraud by Dias in 

 obtaining it, it should be disregarded, and the admissions of Gribbs and 

 Lang thereon made should be disregarded as of no force, on the ground 

 of mistake or error by them, as well in respect of the admission of 

 their authority as agents to make such admissions or agreements, as 

 also with respect to the title of Venezuela, and their relinquishment 

 of the isle, guano, and other property to her. — (Eep. Temp. Hard., pp. 

 281-3-4-9, Gray and Baker.) 



XX. MISREPRESENTATION AND FRAUD BY A GOVERNMENT IN TRANSACTIONS 



WITH INDIVIDUALS^ VITIATES CONTRACTS. 



In cases of fraud, governments or princes are no exemption from 

 the general rule. The misrepresentation and fraud is, of course^ in 

 every case of such character, practiced by their ofScers and agents, for 

 whose conduct the government is responsible. — (See authorities above 

 cited.) 



Fraud is a canker that affects the contract and vitiates it, whoever 

 the party perpetrating it upon the defrauded party. It destroys the 

 contract, and makes it a nude pact, or no obligation or promise. What- 

 soever it touches it kills. 



XXI. CONSTRAINT OR COERCION BY MENACE OR THREATS OF A GOVERNMENT OR 



ITS OFFICERS DESTROYS CONTRACT OF AN INDIVIDUAL. 



The rules of common law as to "duress," in contracts between 

 individuals, apply with greater force to those made with governments. 

 (See Phill., last above cited, and other authorities sup.) 



Admissions, relinquishments, concessions, or other acts, or a decla- 

 ration of consent obtained by a government ar its officers, from an 

 individual by coercion, or constraint, or by menace or threats of such 

 government, or its officer, is, in no case, valid. The idea that fraud, 

 coercion, or constraint, is not to be imputed to a government founded 

 upon the false maxim of monarchists "the king can do no wrong," 

 is not admitted to be law, The fact is unquestionably the reverse. 



Kings and governments are not exempted from the eifect of the fall 

 of man. Both are mere human institutions, and " man is prone to 

 error as the sparks fly upwards." — (See Job v, 1 ; see history of all usurp- 

 ations and wars from the time of David down to Louis Napoleon.) 



Contracts made under duress are void, because they are not volun- 

 tary. — (See Roll. Abr. p. 688, Black. 's Comm.; Pothier on Contracts, 

 Story on Equity, § 201, and cases there cited.) 



Duress, as defined by the common law, especially in the early cases, 

 was being in fear of bodily harm, imprisonment, and the like, from 

 threats or menaces, or being then imprisoned; and apprehension of 

 loss of property merely was not sufficient. — (See cases above cited.) In 

 case of treaty, personal fear of actual violence by the representative of 

 a State negotiating it, voids the treaty.— (Phill., p. 63, § 49; Wheat. 

 Int Law, 331.) 



